"The Service" refers to the service provided by PushCommerce as defined below in Services.

The individual or corporate entity that orders the service from the PushCommerce is hereafter referred to as “customer”, “you”, “your”, etc.

Services

PushCommerce provides a suite of online tools and resources that allows You to set up an online store to sell Your goods. Via PushCommerce’s platform You can manage Your shop’s design, layout, inventory, customers, process orders and manage other services relating to Your online business. The following are the terms and conditions for use of the Services (the “Terms"), along with any amendments thereto and any operating rules or policies that may be published from time to time by PushCommerce. You agree that you have read, understood, and have the capacity and authority to accept, agree to and be bound by these Terms.

The Customer will be one party to this contract and PushCommerce Limited (located at the above mentioned address) will be the other contracting party.

The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.

The Service provides a collection of tools and resources to manage an online store, process orders and sell products online. In addition, the Services may include migration services relating to your use of Our tools and resources.

Customers must complete a registration form in order to use the Services. You will provide true, accurate, current, and complete information as requested in the sign up form, and will update the information to keep it current. As part of the registration process, you will identify an email address and password for Your PushCommerce account. You are responsible for maintaining the security of Your account, passwords, and files, and for all uses of Your account and of the Services in Your name.

We reserve the right to refuse registration of, or cancel, accounts we deem inappropriate.

We acknowledges that PushCommerce is responsible for the security of credit cardholder data to the extent that We have control of that data. To that end, PushCommerce undertakes regular assessments consistent with the Payment Card Industry Data Security Standards. Customers acknowledge that You are responsible for determining the PCI DSS merchant requirements applicable to You and Your unique use of the PushCommerce platform and tools.

The Customer uses the Service at their own risk. The Service is provided on an "as-is" basis. This means that it is provided without any warranty or condition whether written, oral, implied or statutory.

PushCommerce shall not be liable to the Customer for any loss incurred by the Customer as a result of the Customer's use of the Service. Whether the loss be direct, indirect, consequential or any other type of loss, PushCommerce shall not be held liable by the Customer for such loss in any way whatsoever.

The Company provides no warranty or guarantee that the Service will be uninterrupted, timely, secure or error-free at any time.

Should the Service become unavailable (in any way whatsoever) for any point of time, the Company shall not be liable to the Customer for any loss incurred by the Customer as a result of the Service becoming unavailable. Whether the loss incurred by the Customer as a result of the Service being unavailable be direct, indirect, consequential or any other type of loss, the Company shall not be held liable by the Customer for such loss in any way whatsoever.

Such losses referred to above include, but are not limited to, loss of sales, loss of profits, loss of customer goodwill, loss of search engine rankings, loss of advertising costs, loss of use, loss of data, or any other intangible losses whether or not explicitly referred to in this agreement.

The failure of the Company to exercise or enforce any of the terms and conditions of this Agreement shall not constitute any type of waiver of such right or provision.

Where the Services include an obligation for PushCommerce to register a domain name or SSL Certificate, this will require Us to use the services of a third party. In such circumstances, the Customer acknowledges and agrees that the registration of such domain names will be subject to the relevant registrar's terms and conditions. In respect of PushCommerce's current third party providers, these can be found through the following links:

UK Domain Names: - GoDaddy
SSL Certificates: - Comodo

Further, where a free Domain or SSL Certificate is included within the Services provided, it is hereby noted that:

The Domain will be provided as a ‘.co.uk’ variety
The SSL Certificate as an SHA-256 Bit SSL Certificate as a minimum.

Resource Usage: In providing the Services, revenue limits for each price plan are as follows:

Plus – £85,000 in yearly online sales

Pro – Unlimited yearly online sales

Premium - Unlimited yearly online sales

When You and PushCommerce agree to a Bespoke service, you hereby agree that the Deliverables specified within the Quotation or by prior agreement are subject to mutual acceptance. The Customer should advise PushCommerce at their earliest possible convenience if there any defects or sub-par items are noticed. Such occurrences should be noted with PushCommerce in as much detail as possible.

The Customer and PushCommerce will discuss mutually acceptable rectification with regard to the defect. If however, the defect noted by the Customer is outside of the scope of the original agreement or is due to the Customer’s non-conformance then further rectification work may carry additional charges.

Restrictions

Use of the Service is prohibited where the content of the website or products or services for sale fall within those defined below. The examples described are not exhaustive and we may modify this policy at any time by posting a revised version on the PushCommerce website.

You may not use, promote, facilitate, or instruct any third party to use, the Service for any illegal, harmful, offensive, fraudulent or infringing purposes or activities.

Illegal content as defined by law enforcement and government bodies, including but not limited to the sale of Firearms, weapons, knives, prescription or illegal drugs and related substances.
Offensive content is defined as any content which is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
Harmful and fraudulent activities include, but are not limited to, offering fraudulent goods or services, schemes or promotions (e.g. make-money-fast or Ponzi or pyramid schemes).
Infringing content is content that infringes the copyright, intellectual property rights or proprietary rights of others.
Harmful content is content or other technology that may damage or interfere with any system, program or data.

We reserve the right to monitor the content uploaded by you to ensure your compliance with our Acceptable Use Policy and, where we deem appropriate, investigate violations of this policy. We will immediately remove, disable or modify any content we find that violates this policy without notice to you and agree to contact you within 24 hours of same being completed. We may report any content or activity we suspect violates any law or regulation to the appropriate law enforcement officials.

At the sole discretion of the Company we may, on finding restricted content on your account, terminate this agreement without notice.

Payment Gateways

PushCommerce’s primary Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). As a condition of PushCommerce enabling payment processing services through Stripe, you agree to provide Us accurate and complete information about You and Your business. Further, You authorise Us to share the aforementioned information and any transaction information related to your use of the payment processing services provided by Stripe. By agreeing to PushCommerce’s Terms, and utilising Stripe’s services, You agree to be subject to the Stripe Services Agreement.

Payment processing services provided by PayPal are subject to the PayPal Acceptable Use Policy. As a condition of PushCommerce enabling payment processing services through PayPal, you agree to provide Us accurate and complete information about You and Your business. Further, You authorise Us to share the aforementioned information and any transaction information related to your use of the payment processing services provided by PayPal. By agreeing to PushCommerce’s Terms, and utilising Paypal’s services, You agree to be subject to the relevant policies of PayPal.

Fees, Refunds & Cancellations

If you purchase services that we offer for a fee, you agree to pay such fees when due.
We will automatically bill You for certain services in advance on a recurring basis, until you cancel, on a month to month basis, unless otherwise provided in the plan. The subscription for such services shall automatically renew until cancelled by you.

In cases where You subscribe to an Annual plan, the full amount, as stated on the website shall be due in advance of any Services. The plan will hereafter renew on an annual basis on the anniversary of your initial payment. Services will be provided to you, subject to Our Terms, for the duration of the plan.

You may cancel a subscription by contacting our support team via our Live Chat, Telephone or on Email at help@pushcommerce.com.

All sales are final and we offer no refunds of any kind unless otherwise expressly noted.
Once the Service has been cancelled, the Company shall be entitled, without any notice to the Customer, to immediately and irrecoverably remove all data held by the Company in relation to the Customer's Service. Such data includes, but is not limited to, images, text, product data, your customer data, email addresses, and any and all data in relation to the Customer's online store.

We offer billing via credit/debit card or PayPal only. Credit/debit card information should be only submitted to us through our subscription feature or over the phone with a customer support employee, and should never be sent to us via email, IM, chat or any other method of written communication.

PushCommerce reserves the right to change such fees when it considers it necessary to do so; the prices and terms of which are listed on Our website. However, We shall provide the Customer with as much notice as is reasonably possible and, save where a change in applicable laws or regulations affects the cost to Us in providing a Service, no less than 30 days' notice of the same.

You agree to pay Us all such fees when due without deduction or withholding, except as required by law, and You shall not be entitled to assert any credit, set-off or counterclaim against Us in order to justify withholding payment of any such amount in whole or in part.

Privacy & Data

Our Privacy Policy can be found here. If you have any queries that are not answered by the aforementioned policy then please contact the support team on help@pushcommerce.com or via our Live Chat.

In addition to the above mentioned Policy, in order to permit Us to protect the quality of Our Services, You hereby consent to Our staff accessing Your Account, Your Sites and Your Content from time to time to investigate complaints, other allegations or abuse and to otherwise perform the Services set forth herein.

Copyright, Trademarks & Ownership

Subject to the limited rights expressly granted to You hereunder, We and Our licensors reserve all of Our/their right, title and interest in and to the Services, including all of Our/their related intellectual property rights. No rights are granted to You hereunder other than as expressly set forth herein.
Subject to this Agreement, We hereby grant You a limited, revocable, non-transferable and non-exclusive license to use Our Intellectual Property to the extent, and only to the extent, necessary to access and use the Services in accordance with the terms of this Agreement.

You may not, and shall not allow, any third party to: (a) use the Services outside of the scope of the limited license herein granted; (b) sublicense, distribute, copy, reproduce, resell, modify, adapt, translate, or prepare derivative works from, or to the Services without Our prior written permission; or (c) reverse engineer, disassemble, or decompile any software, or otherwise attempt to discover any source code or trade secrets related to the Services.

You may use Our trade name, trademarks, and service marks that are used in connection with our PushCommerce platform in advertising and publicity in conjunction with Your use of the Services, provided that You shall submit a copy to Us for prior written approval. However, You need not obtain Our prior written approval where use of Our PushCommerce marks is limited to inclusion in a list of services via which Your Content is available and/or any legally required policies and terms.

You may not bid on or purchase search engine or other pay-per-click keywords that use "PushCommerce" or any name, mark or other identifier used by Us, or any misspellings or similar alterations of any of the foregoing.

You hereby grant to Us a non-exclusive right and license to Your name, trade names, trademarks, and service marks as are provided to Us in connection with this Agreement for Our use (a) on Our own websites, (b) in printed and online advertising, publicity, directories, newsletters, and updates describing Our Services, and (c) as reasonably necessary and ancillary to the foregoing.

The Company respects the rights of Copyright holders to protect their intellectual property and enforce the removal of intellectual property where consent for its use or display has not been obtained.

Upon receiving notification from a Copyright holder that Copyright has been infringed on a store operated by the Customer, the Company shall contact the Customer immediately.

The Customer will then be entitled to respond to this notification directly to the Company (who shall then forward the response to the Copyright holder). The Copyright holder shall then be entitled to respond to the Customer's response.

In these cases, the Company shall be entitled to decide, at its sole discretion, whether the intellectual property is removed or not. If the Company deems that the property shall not be removed, the Copyright holder should then apply to the appropriate court for a court order seeking the immediate removal of the intellectual property.

Complaints & Corrections

If at any time the Customer has cause to complain about the Service provided, these should in detail be, in the first instance sent to help@pushcommerce.com.

If the complaint is in relation to data protection, in the first instance we would request You contact PushCommerce on help@pushcommerce.com. Alternatively, you can Report a Concern with the UK’s independent authority; the Information Commissioner’s Office.

In the event that any information the Company holds is incorrect, the Customer should in the first instance contact our Support team on help@pushcommerce.com or via our Live Chat.

All complaints, regardless of scope or scale, will be handled with efficiency, care and consideration; the results of which will be communicated to You via your selected medium.

Hyperlinks

The Company reserves the right to place a text hyperlink from the Customer's website (as provided by the Service) back to the Company's website, (https://pushcommerce.com). Such right can be waived by the Company at the Customer's written request.

The Customer hereby agrees to let the Company place this hyperlink at the very bottom of the Customer's website.

The hyperlink shall be limited to a maximum of 7 words (including the name PushCommerce.com or PushCommerce).

The colour, font and font-size of the hyperlink included on the Customer's website shall fit in with the rest of the website's design and theme.

Suspension & Termination

We may suspend and/or terminate the Purchased Services to You with or without notice and without liability if We believe that You are using the Service in violation of the Terms set out within this document.

PushCommerce may also Suspend Services provided to You in order to safeguard: You, Your Customers, Our Customers, Our Company, Staff and related ancillary equipment and/or services. Further, termination or suspension of Services may occur if we are directed by local enforcement, government body or similar.

We will use commercially reasonable efforts to give You advance notice of any such suspension unless We determine that a suspension on shorter notice or without notice is necessary to protect Us or Our other customers from imminent risk.

Liability & Indemnity

You understand and agree that Your Sites and Your End Users are Your responsibility, and You are solely responsible for compliance with any applicable laws or regulations related to Your Sites and Your End Users.

You agree to post a privacy policy on Your Sites that complies with the laws applicable to Your business. You also agree to obtain consent from Your customers for the use and access of their personal information by Us and other third parties. We are not liable for, and won’t provide You with any legal advice regarding, Your Sites or Your End Users.

You agree to comply with all applicable domestic and international laws and regulations regarding Your use of the Services.

Nothing in these Conditions shall limit or exclude the Company's liability for:

death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;

fraud or fraudulent misrepresentation;

breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

Subject to the above:

PushCommerce shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for:

any loss of data (including any Customer Data) as this should be backed-up/archived by the Customer;

any loss of Customer Materials, as these should be backed-up/archived by the Customer;

any breach of security (provided PushCommerce has used its reasonable endeavours to avoid the same);

any loss of profit;

any loss of business;

any indirect or consequential loss; arising under or in connection with the Contract;

The Customer shall indemnify PushCommerce from and against any and all damages, losses, costs and expenses incurred by PushCommerce arising as a result of:
any claims relating the use and/or operation of any Deliverable (save for any claim that any Deliverable infringes the Intellectual Property Rights of any third party), including by way of example, any claims resulting from any product or services which the Customer may sell through any Deliverable;

any claim that any of the Customer Materials or Customer Data infringes the Intellectual Property Rights of any third party;

any claim that any of the Customer Materials or Customer Data constitutes Inappropriate Content;

any Virus which is uploaded to PushCommerce from the Customer as a result of the provision of the Services.

Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

General & Jurisdiction

This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Nothing in the Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.

If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

For the purposes of these Terms, "Force Majeure" means an event beyond the reasonable control of PushCommerce including strikes, lock-outs or other industrial disputes (whether involving the workforce of PushCommerce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
For the avoidance of doubt, the Customer acknowledges that a failure on the part of Our internet connection providers shall constitute a Force Majeure Event.

PushCommerce shall not be liable to the Customer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

If the Force Majeure Event prevents Us from providing any of the Services for more than 4 weeks, PushCommerce shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Customer.